in Re Robert Lee Poole

• Court: Court of Appeals of Texas
• Decided: March 20, 2019
• Docket: 09-19-00069-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________ NO. 09-19-00069-CR ____________________

IN RE ROBERT LEE POOLE

________________________________________________________________________

Original Proceeding 128th District Court of Orange County, Texas Trial Cause No. A910428-R ________________________________________________________________________

MEMORANDUM OPINION

In this original mandamus proceeding Robert Lee Poole asks this Court to

compel the trial court to enter a judgment nunc pro tunc. 1 Poole complains, “I was

sentenced May 6, 1993, but on that date, in that hearing, on that document, I was

1 Poole filed a procedurally defective petition. See Tex. R. App. P. 52.3. Additionally, he failed to certify that he served a copy of the petition on the State as the real party in interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2.

1 credited with 674 days[’] time served, which would put my sentence begin date on

July 2, 1991[.]”

Generally, the trial court’s failure to award all of the defendant’s jail time

credit when the court pronounced sentence may be corrected by a judgment nunc

pro tunc. See Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004). He

may seek mandamus relief if the trial court denies a meritorious claim for pre-

sentence time credit. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App.

2010). In this case, however, Poole has not shown that the judgment failed to award

him credit for time spent in jail prior to sentencing. The petition for writ of

mandamus is denied.

PETITION DENIED.

PER CURIAM

Submitted on March 19, 2019 Opinion Delivered March 20, 2019 Do Not Publish

Before McKeithen, C.J., Kreger, and Johnson, JJ.